Hagar v. Clark
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiffs, entered upon tlie report of a referee. This action was brought to recover damages alleged to have been caused by a breach of the following agreement: “This charter-party, made and concluded upon in the city of New York the 27th day of July, in the year of our Lord eighteen hundred and sixty-five, between J. P. Mantón, agent for owners of the steamer H. S. Iiagar of New York, of the burden of 1,113 tons or thereabouts,…
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Appeal from a judgment in favor of tbe plaintiffs, entered upon tlie report of a referee. This action was brought to recover damages alleged to have been caused by a breach of the following agreement: “This charter-party, made and concluded upon in the city of New York the 27th day of July, in the year of our Lord eighteen hundred and sixty-five, between J. P. Mantón, agent for owners of the steamer H. S. Iiagar of New York, of the burden of 1,113 tons or thereabouts, register measurement, now lying in the harbor of New York, of the first part, and Messrs. II. B. Cromwell & Co., merchants of…
1Opinion of the Court
Daniels, J.:
The judgment appealed from was for the amount held to be due upon a charter-party, made on the twenty-seventh day of July, 1865, for a voyage of the steamer Ha,gar from New York to New Orleans and back. The defendants resisted the recovery because of the failure of the boiler of the steamer soon after she entered upon the voyage, by reason of which she was delayed in reaching New Orleans for so long a period of time as to render them unable to obtain for her a remunerative return cargo. The foundation of the claim was that the charter was merely a contract for affreightment, and…
2Cases cited3 opinions
- Marcardier v. Chesapeake InsuranceSupreme Court of the United States · 1814
- Clarkson v. EdesNew York Supreme Court · 1825
- Sherman & McCabe v. FreamNew York Supreme Court · 1859